Author(s): Musa Usman Abubakar

In 2020 Journal VoL. 5

By UNIMAID JICOL

AbstractThis article examined the phenomenon of rape in the Northernpart of Nigeria, particularly in the eleven states with anentrenched Islamic legal regime with a view to profferingsolution within the Islamic law, for the latter to serve more as asword than a shield for rapists. It evaluated the current regime andfound that it is very influenced by the position of Ibn al-Qāsimsuch that rape is perceived as a variant of zina, thereby requiringfrom the victim a very high standard of proof. Using doctrinalresearch methodology, the article found that the adoption of thisview has made impossible for the Sharia court to convict asuspected rapist on the strength of evidence of four reliablewitnesses. It further found that a paradigmatic shift is possibleparticularly, as during the formative period of Islam, rape wasconsidered an independent offence of violence against womenwith flexible means of proof. It therefore behoves the States inthe Northern part of Nigeria to consider amending their respectiveSharia penal codes to properly contain or combat the menace ofrape.  Rethinking the Offence of Rape as Violence Against Women Under IslamicLaw: A Paradigm Shift

Author(s): Ibrahim Muhammad Ahmad , -Muhammad Shettima , -Magaji Chiroma , -Mohammed Babakano Aliyu

In 2020 Journal VoL. 5

By UNIMAID JICOL

AbstractDispute is common in human co-existence. Therefore,establishment of judicial institution is necessary for every society.Theories of court system are rules that guide resolution ofdisputes in Islamic courts. This paper examines theory of IslamicCourts and its practice in Nigeria. It adopts doctrinalmethodology in the analysis of the fiqh theories. However,doctrinal and empirical methodologies were used in examiningthe Nigerian regime. The paper observes that Nigerian legal Theory of Court System under Islamic Law and the Practice in Nigeria training does not avail one a considerable knowledge in Islamiclaw and thus leads to scarcity of talents in the practice andapplication of Islamic law in Nigeria. The paper recommends forreview of the Nigerian legal education curriculum and its trainingsector. Arabic should be adopted as one of the languages ofinstruction in Shari’ah education and training. Training andretraining of judges of Sharia Courts on Islamic law should beimproved. This can be done by entering into bilateral agreementwith some traditional Ulama and foreign universities. 

Author(s): Musa Abubukar , Dahiru Jafaru Usman PhD

In 2020 Journal VoL. 5

By UNIMAID JICOL

nd Dahiru Jafaru Usman PhD2AbstractNigeria’s court system is hierarchical with an appeal system fromlower courts to the Supreme Court. Appeals could originate fromShari’ah Court to the Supreme Court through the High Court. Allappeals from Upper Shari’ah Courts (USCs)except on Islamicpersonal law lie to the High Court. This remains the case despitethe fact that the High Court applies principles of Common Lawand the fact that Shari’ah rules of evidence are declared alien tothe High Court. Adopting the doctrinal methodology, this papercritiques the traffic of appeal from the Kano State USCs to theHigh Court of Kano. The paper found that most High CourtJudges are not learned in Shari’ah; some are not Muslims, and theHigh Court has no Shari’ah Division. The implication is that thesystem allows non-Muslims and persons not learned in Islamiclaw to preside over appeals on matters of pure Islamic Law.Additionally, the paper confirms that while Sharia places weighton the gender and religion of Judges, Common Law does not. Theinvolvement of female High Court Judges in the determination ofShari’ah appeals contradicts the basic principles of Shari’ah. Thepaper therefore, recommends the reorganization of the appealsystem from Kano State USCs to the High Court. The paperfurther recommends amendment to Sections 233,234,244,247and 277 of the 1999 Constitution (as amended) to allow the trafficof appeals from USCs to the Sharia Court of Appeal on allquestions of pure Islamic Law. Alternatively, provisions beinserted mandating the appointment of High Court judges learnedin Islamic law and/or administrative divisions to handle Shari’ahappeals.  The Legal Implications of the Appeal System from Upper Shari’ah to the HighCourt of Kano under the Nigerian Legal System

Author(s): Mohammed Babakano

In 2020 Journal VoL. 5

By UNIMAID JICOL

AbstractA child cannot be considered and seen as an adult in respect tolife. As regards to their rights an average child is weak, ignorantand less informed to fight for his rights as a citizen. It is againstthis background this paper intends to discuss the right of a childto education as well as the right of a child to health care underIslamic law and the conventional laws. The paper will alsodiscuss Corona virus pandemic and its protocols in relation toTsangaya (Islamic Education Centres) and the life style ofAlmajiri’s (the students). The paper adopted qualitative methodof legal research. This involved the use of doctrinal and nondoctrinal methods. The doctrinal method was based on a libraryresearch where the primary sources of information such as theQur’an, Sunnah and Constitution were consulted, interviews werealso conducted in line with non- doctrinal methods. The paperobserved among others that both Islamic law and theconventional laws have recognized the right of a child toeducation and health care without any derogation at all times andmakes it’s the responsibility of the parents and government toprovides the children with such rights. The paper concluded that,the present practice of Almajiri system of education is not in linewith the provision of Shari’ah as well as the Conventional lawsin Nigeria. The paper recommends among others that, thenorthern states government should as a matter of urgencyremodeled the Almajri system of education in to the basic andcompulsory education programme and integrate it in to the formaleducational system  

Author(s): Dr. Alhaji Umar Alkali

In 2020 Journal VoL. 5

By UNIMAID JICOL

ABSTRACTSafe motherhood demands the provision of health care for apregnant mother during pregnancy and after child birth. Thisresults in the birth of healthy children and protection of the rightto health of the mother and that of her child. The family is the firstinstitution of the child and the provision of safe motherhood isdirectly linked to safe motherhood because a good familyprovides safe motherhood to woman and in the end changes thedynamics of the demography of the people. Demography is notrestricted to the population of a people but includes the fertilityrate, migration, health condition etc., hence directly linked to thefamily institution and safe motherhood. This paper examines theconcept of safe motherhood and the importance of the familyinstitution viz-a-viz the demography of Nigeria from an Islamicperspective. The paper found that the states with higher Muslimpopulation have higher fertility rate. Islam does not discouragechild birth or population growth but expects that children shouldbe given training and care so that they can be good ambassadorsof Islam and their families. It is therefore suggested that Muslimsshould give priority in building a strong family institution byinvesting heavily in safe motherhood and good child upbringing.A doctrinal methodology was adopted in this research.  

Author(s): Muhammad Shettima

In 2020 Journal VoL. 5

By UNIMAID JICOL

ABSTRACTThis paper appraised the maxim of original lawfulness which isoften cited as a basis for legislating on matters upon which theSharī’ah is silent. It demonstrates the easiness and simplicity ofSharī’ah as living law that benefits mankind. Using doctrinalmethodology through hermeneutical and inductive approaches,the author analysed the maxim of original lawfulness, its legalbasis and jurists’ positions. The paper finds that the maxim isapplicable to mundane or worldly matters only. The maxim is asource based that originates from the Qur’an and Sunnah.Majority of jurists have accepted it as the principle that governsmatters upon which the law is silent. However, the maxim doesnot apply to spiritual acts (worship) or where the matter isharmful to human being. The paper recommends amongst otherthings that scholars must observe certain conditions in exploitingthis maxim; the matter must be mundane. Silence of the law aswell as its relative benefit must be considered.  

Author(s): Usman Abubakar

In 2020 Journal VoL. 5

By UNIMAID JICOL

The Almighty Allah created all living being including man to worship him,men are accorded special place in Almighty Allah’s creation. He honouredmen, educate men with understanding, purified men with affection and gavemen both physical and spiritual insight so that men should understand natureand explore it for their benefit and development, that is why the AlmightyAllah Says:Behold; the creation of heavens and earth and the alternation ofnight and the day, they are indeed signs for men ofunderstanding.1 Indeed, Islam is a complete and comprehensive way of life which deals withthe life of all human beings on earth, it leaves no stone unturned in all fieldsof education, including science and technology. It inspires Muslims with thezeal for further research on scientific discoveries and technologicaladvancement. It is for this reason that the holy Prophet Muhammad (PBUH)said: “Seeking knowledge is a religious duty”.